Landlord Accepted Rent After Starting Illegal Use Eviction Case

Facts: In December 1994 tenant in a federally-subsidized building was arrested after police found a large quantity of cocaine, ammunition, and drug paraphernalia in tenant's apartment. Landlord continued to accept rent from tenant and renewed tenant's lease for one year on July 1, 1995. In January 1996 landlord served tenant a termination notice and also started a nonpayment proceeding against tenant. The nonpayment proceeding was dismissed based on landlord's failure to appear in court. In March 1996 landlord sued to evict tenant for illegal use of his apartment. Tenant claimed that landlord waived its right to bring an illegal use proceeding by accepting rent after tenant's arrest, by renewing tenant's lease, and by starting a nonpayment proceeding after serving a termination notice. Court: Tenant loses. Public policy forbids landlord from doing anything to reinstate a tenancy after sending a termination notice for illegal use. Therefore it didn't matter that landlord renewed tenant's lease after tenant was arrested and waited a year before bringing the eviction proceeding for illegal use. Legally, there could be no waiver. And while the subsequent start of the nonpayment proceeding might prevent a holdover from proceeding in other types of cases, it didn't prevent landlord from proceeding in the illegal use case. The court also noted that a termination notice wasn't required in an illegal use case.

Hudsonview Co. v. Jenkins: NYLJ, p. 27, col. 4 (6/19/96) (Civ. Ct. NY; Stallman, J)